Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

NOVEMBER 8, 2005



The regular weekly meeting of the Council of Columbus, Georgia was called

to order at 9:00 A.M., Tuesday, November 8, 2005, on the Plaza Level of the

Government Center, Columbus, Georgia. Honorable Robert S. Poydasheff, Mayor,

and Honorable John J. Rodgers, Mayor Pro Tem, presiding.



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PRESENT: Present other than Mayor Robert S. Poydasheff and Mayor Pro Tem John

J. Rodgers were Councilors R. Gary Allen, Wayne Anthony, Glenn Davis, Julius H.

Hunter, Jr., Charles E. McDaniel, Jr., Evelyn Turner Pugh, and Evelyn Woodson.

City Manager Isaiah Hugley, City Attorney Clifton Fay, Assistant City Attorney

Jamie Deloach, Clerk of Council Tiny B. Washington and Deputy Clerk of Council

Sandra Davis were also present.

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ABSENT: Councilors Nathan Suber and Berry H. Henderson were absent, but were

excused upon the adoption of Resolution Numbers 528-05 & 529-05 respectively.

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INVOCATION: Led by Dr. K.C. Williams - Pastor, Greater St. Mark A.M.E. Church

and Chaplain for the Marshal?s Department.



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PLEDGE OF ALLEGIANCE: Led by students from Pinehurst Christian School.



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MINUTES OF LAST MEETING: Minutes of the November 1, 2005

meeting of the Council of the Consolidated Government of Columbus, Georgia were

submitted and approved upon the adoption of a motion made by Mayor Pro Tem

Rodgers and seconded by Councilor Allen, which carried unanimously by those

eight members of Council present for this meeting.

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PROCLAMATIONS:



VIC SCHMIDT:



Mayor Pro Tem Rodgers said Retired Deputy Fire Chief Victor Schmidt is in

the hospital and has been diagnosed with brain cancer. He said he has had one

surgery and is going to have another one. He said on yesterday morning a group

of officials from the Fire Department presented a proclamation to Mr. Schmidt

declaring him Fire Chief for a day. He said we think this is a worthwhile honor

and Mr. Schmidt is one who is worthy of it. He then read the proclamation into

the record, proclaiming Monday, November 7, 2005 as Vic Schmidt being Chief for

the Day.



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ATLANTA HAWKS BASKETBALL GAME:



Mayor Poydasheff called forward Mr. D. J. Jones to give a report on the

success of the Atlanta Hawks Basketball Game. He said he also has some guests

present with him.



Mr. D. J. Jones said a month ago they were here to formerly announce the

spectacular event that was going to be here in Columbus on behalf of Sports

Events and said by now everyone knows of the results of that event. He said

this was a great event that we had in our community. He said he has the

promoter with him today that was responsible for bringing this game to our

City, Mr. William Sims.



Mr. William Sims said he would like to thank the City of Columbus for

allowing them the opportunity to come here and present their NBA Pre-Season

Game between the Atlanta Hawks & New Orleans Hornets. He said what they do is

more than just a game, it?s an event and said when they present these events,

it?s their goal to include all citizens in what they present. He said they

believe they accomplished that from the standpoint of the positive response

that they have received.



He spoke for several minutes regarding this event. His wife, Mrs. Sims

then read a letter from the Civic Center Director Dale Hester encouraging the

Atlanta Hawks to return back to our City again on next year. She also made

several comments as to what the different events were that took place during

the Sports Week activities that were held in our City.



Mr. Richard Jordan, Marketing Director said he would like to thank those

who assisted him in marketing the game. He said he would hope that the Council

agrees with him that this is the place to bring the game back in 2006. He said

there are several things that they would need in order to make that happen. He

said they would like to get a letter from each of the Council members

individually addressed to Mr. Sims that you would like to see this game return

here to Columbus in October 2006.



Mayor Poydasheff said he would like Mr. D. J. Jones to make sure that he

talk to the City Manager and he is certain that he and the Council will send a

letter as requested.



Mr. Jordan said in addition to that they would like to secure before the

end of this month, title sponsors from corporations, as well as the City. He

said they would get the details to you fairly quickly. He said in addition to

that, as part of the 2006 plans, they would like to have an official motion

from the City, made by one of the Councilors that you would, in fact, accept

the return of the game for October 2006.



He said the reason this is important, as he has gone around to various

companies and corporations, individuals want to know what?s Mayor and Council?s

take on this. He said he thought that maybe we could wrap all this up today by

getting some official action from the Council, if that?s appropriate.



Mayor Poydasheff said he appreciates what you are saying and we want you

to come back to Columbus, but he would suggest that we not make any motion at

this time. He said he wants to get together with Mr. D. J. Jones and the City

Manager where we can work up something that is appropriate and then we will

present it. He said he could assure you that we were in the forefront of

supporting the Hawks game and your entire program coming down here.



He said we want you to bring the game back and we expect you to do that

because you are great to work with. He said the remarks of what you did in your

outreach were absolutely fantastic and we will do whatever it takes to bring it

back; however, he wants to sit down with you to determine what we really need

and how do we go about doing it.



Councilor Woodson said she would like to thank the representatives here

today for what they have done. She said she would like to give a special thanks

to D. J. Jones. She said she would like to tell them that they have her support

and they will receive her letter. She said she saw the smiles on the children?s

faces and how much the people enjoyed this event.



Councilor Davis said he just wanted to let them know that we are

appreciative of all their efforts and we did enjoy the event. He said he just

wanted to let them know that there were four other big events going on at that

same time.



Mr. Sims then presented a photo album of all the activities that took

place and filed it with the City Manager.



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?HARDAWAY HIGH SCHOOL DAY?:



With Mr. Rem Houser, Ms. Beth Welch, Mr. Matt Bell, Principal of Hardaway

High School and Judge of Probate Julia Lumpkin standing at the Council table,

Councilor McDaniel read the proclamation of Mayor Poydasheff acknowledging the

40th Anniversary of Hardaway High School.



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?COLUMBUS TIMES NEWSPAPER DAY?:



With Mrs. Carol Gerdes standing at the Council table, Councilor Hunter

read the proclamation of Mayor Poydasheff proclaiming November 12, 2005 as

?Columbus Times Newspaper Day? in Columbus, Georgia.



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?RETIRED EDUCATORS DAY?:



With Ms. Mattie Wright, President of the Muscogee Retired Educators

Association, along with several other members standing at the Council table,

Councilor Turner Pugh read the proclamation of Mayor Poydasheff, proclaiming

November 13, 2005 as ?Retired Educators Day? in Columbus, Georgia.



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?VISTA CARE DAY?:



With Ms. Helen Powell, Executive Director, Vista Care, Ms. Kim MacClenny

and Ms. Cornetta Bradley standing at the Council table, Councilor Allen read

the proclamation of Mayor Poydasheff, proclaiming November 8, 2005 as ?Vista

Care Day? in Columbus, Georgia.

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CITY ATTORNEY'S AGENDA



THE FOLLOWING FIFTEEN RESOLUTIONS, EXPRESSING APPRECIATION TO THOSE

EMPLOYEES WHO RECENTLY RETIRED FROM THE SERVICES OF THE CONSOLIDATED GOVERNMENT

WERE SUBMITTED BY CITY ATTORNEY FAY AND THEIR CAPTIONS READ BY MAYOR PRO TEM

RODGERS AND ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A SINGLE MOTION

MADE BY MAYOR PRO TEM RODGERS AND SECONDED BY COUNCILOR MCDANIEL, WHICH CARRIED

UNANIMOUSLY BY THOSE SIX MEMBERS OF COUNCIL PRESENT AT THE TIME, WITH

COUNCILORS ANTHONY AND DAVIS BEING ABSENT FOR THIS VOTE AND COUNCILORS

HENDERSON AND SUBER BEING ABSENT FROM THE

MEETING:_____________________________________________



A Resolution (508-05) ? Expressing appreciation to Mr. Martin J. Land, III

upon his retirement as Chief Appraiser with the Board of Tax Assessors, after

35 years of service.



A Resolution (509-05) ? Expressing appreciation to Mr. Roger A. Pearce

upon his retirement with the Parks and Recreation Department, after 22 years of

service.



A Resolution (510-05) ? Expressing appreciation to Mr. James Johnson, Jr.

upon his retirement with the Columbus Fire and EMS Operations, after 30 years

of service.



A Resolution (511-05) ? Expressing appreciation to Mr. Jerry L. Alford

upon his retirement with the Columbus Fire and EMS Operations, after 34 years

of service.



A Resolution (512-05) ? Expressing appreciation to Mr. Danny E. Roby upon

his retirement with the Columbus Police Department Support Services, after 27

years of service.



A Resolution (513-05) ? Expressing appreciation to Mrs. Barbara D. Atkins

upon her retirement with the Columbus Police Department Investigative Services,

after 20 years of service.



A Resolution (514-05) ? Expressing appreciation to Mr. James M. Hall upon

his retirement with the Columbus Fire and EMS Operations, after 34 years of

service



A Resolution (515-05) ? Expressing appreciation to Mr. Adam Parkman, Jr.

upon his retirement with the Columbus Fire and EMS Operations, after 28 years

of service.



A Resolution (516-05) ? Expressing appreciation to Mr. Gordon G. Smith upon

his retirement with the Fire/EMS Operations, after 29 years of service.



A Resolution (517-05) ? Expressing appreciation to Mr. Steven M. Ginn upon

his retirement with the Columbus Police Department Support Services, after 31

years of service.



A Resolution (518-05) ? Expressing appreciation to Mr. Joe R. Denson upon

his retirement with the Muscogee County Sheriff?s Department (Administration),

after 33 years of service.



A Resolution (519-05) ? Expressing appreciation to Mr. Frederick R. Street

upon his retirement with the Columbus Fire and EMS Operations, after 31 years

of service.



A Resolution (520-05) ? Expressing appreciation to Mr. William M. Griffin

upon his retirement with the Columbus Police Department (Support Services),

after 22 years of service.



A Resolution (521-05) ? Expressing appreciation to Mr. Charles A. Smith

upon his retirement with the Columbus Fire and EMS Operations, after 31 years

of service.



A Resolution (522-05) ? Expressing appreciation to Mr. Robert J. Dempsey

upon his retirement with the Columbus Fire and EMS Operations, after 30 years

of service.



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THE FOLLOWING RESOLUTION, EXPRESSING CONDOLENCES TO THE FAMILY OF A FORMER

EMPLOYEE OF THE COLUMBUS CONSOLIDATED GOVERNMENT WHO RECENTLY PASSED AWAY WAS

SUBMITTED BY CITY ATTORNEY FAY AND ITS CAPTION READ BY MAYOR PRO TEM RODGERS

AND ADOPTED BY THE

COUNCIL:





A Resolution (523-05) ? Conveying condolences to the family of Mr. Roland

E. Rumph, employee with the Adult Probation Department, who passed away on

October 1, 2005. Mayor Pro-Tem Rodgers moved the adoption of the resolution.

Seconded by Councilor McDaniel and carried unanimously by those six members of

Council present at the time, with Councilors Anthony and Davis being absent for

this vote and Councilors Henderson and Suber being absent from the meeting.

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ZONING PUBLIC HEARINGS:



THE FOLLOWING THREE ZONING ORDINANCES WERE SUBMITTED AND A PUBLIC HEARING

WAS HELD ON EACH AS ADVERTISED: __________



An Ordinance - Rezoning approximately 0.12 acres of property located at

1200 17th Street from GC (General Commercial) to SFR4 (Single Family

Residential 4). (49-A-05-Elliott)



PROPONENTS & OPPONENTS:



Mr. Robert Elliott, the petitioner was present, but did not make a

presentation as there was no one present to oppose this rezoning ordinance, but

he did respond to a question of Mayor Pro Tem Rodgers.



Mayor Pro Tem Rodgers said this is a very small tract of land and then

asked if we are changing this back to residential for a specific purpose.



Mr. Robert Elliott, 1200 17th Street said when they purchased the house,

they didn?t know it was under a commercial zoning and when they went to

refinance their house; they didn?t want to refinance it because it was zoned

commercial.

He said this is the reason they are asking for the rezoning.



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An Ordinance ? Rezoning approximately 83.5 acres of property located at

8564

Blackmon Road from SFR1 (Single Family Residential 1) to RE5 Residential Estate

5). (50-A-05-Baker)



PROPONENTS &OPPONENTS:



The petitioner was present, but she did not make a presentation, as there

was no one present to oppose this proposed rezoning ordinance.



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PROPONENTS &OPPONENTS:



An Ordinance ? Rezoning approximately 37.437 acres GC (General Commercial)

and 52.393 acres RO (Residential Office) of property located at the North &

South intersections of Veterans Parkway & Wooldridge Road from an

RE1Residential Estate 1), to GC (General Commercial) and RO

(Residential-Office). (51-A-05-Grey Rock Development.)



Mr. Will White, 2001 Country Club Road said they were here a few months

ago rezoning the single-family portion of their development, which consists of

a total of 572 acres. He then showed the single-family portion on the map,

which is located on the south and north side of Wooldridge Road. He said they

are here today to request that they rezone three parcels of property, with the

first parcel being approximately 18 acres that they want to rezone to general

commercial, the second parcel is 19 acres on the north side to rezone to

general commercial and the third parcel is 52 acres that they are proposing to

rezone to apartment-office.



He then showed the proposed layout of the property on the map, showing in

general terms what their plans are. He said it is included in the information

that

has been provided to the Council.



Mayor Poydasheff said we just received this information this morning.



Mr. White said at some point in the future, Veterans Parkway will be

realigned and it could potentially change their proposed layout. He said

presently the alignment appears that it?s going to come in and take out some of

the offices and some of the commercials, which is a very preliminary study that

has been done. He said it?s his understanding that it may be three or four

years away before they can determine the alignment and widening of Veterans

Parkway.



Mr. White then responded to several questions of members of the Council.

He said they are also proposing that they have a perpetual 50-foot buffer along

Veterans Parkway and a 40-foot buffer on the balance of the property that is

contiguous to single-family property. He said they have a proposed buffer

planting plan that will greatly exceed the Tree Ordinance.



He said their intentions, as they develop to soften the impact of their

development and improve the streetscape along Veterans Parkway long term, he

believes that a 50-foot buffer will accomplish that goal.



Mr. White said they appeared before the Council and submitted fairly

extensive conditions on their rezoning application and said they unanimously

approved their proposal. He said it was then sent for a development regional

impact study, with their findings being that their development is in the best

interest of the State. He said it was then submitted to the Lower

Chattahoochee Regional Development Center, who upon reviewing that report

recommended approval.



He said it was then sent to the Planning Division and they have

recommended approval subject to the extensive conditions that they have

submitted and that request is a part of their application.



Mr. White then responded to further questions of members of the Council.



Councilor Davis said this corridor from Williams Road all the way up seems

to be a lot of nice planned developments going on in the area there and said he

would like to look at and possibly explore with the Planning Division, the

possibility of doing an overlay district near the corridor from Williams Road

all the way up; to protect what the developers are trying to accomplish and

what they are creating as far as character in the area as opposed to just

piece-mealing these developments together. He said he would like to have some

information as to how we would go about doing this.



Mayor Pro Tem Rodgers said Mr. White pointed out that some of this could

be affected by the ultimate realignment of the highway and then asked if he was

trying to tell us anything other than this is just preliminary.



Mr. White said this is just preliminary and said the alignment that they

have seen on this particular rezoning application will significantly reduce the

office property development, as well as some of the commercial, but said they

will gain on the opposite side of the street.



After some fifteen minutes of discussion on this subject, with Mr. White

responded to further questions of the Council this public hearing was

concluded.



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THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND ITS CAPTION READ BY CITY

ATTORNEY FAY AND DELAYED INDEFINITELY BY THE COUNCIL AT THE REQUEST OF CITY

MANAGER HUGLEY:_________



An Ordinance ? Amending the text of the Unified Development Ordinance to

establish regulations for Retail Developments of Community Significant.

(52-A-05-Planning Division)



City Attorney Fay said he thinks the City Manager wants to carry this

matter over to a Work Session



Mayor Pro Tem Rodgers then made a motion that we continue this matter

indefinitely. Seconded by Councilor Allen.



City Manager Hugley said he plans on bringing this matter back at the Work

Session Agenda where we can provide a PowerPoint presentation and answer all

the questions of the Council and at some point later, we will bring it back on

first reading.



The question was then called on the motion to delay this matter, which

carried unanimously by those eight members of Council present for this meeting.



Mayor Poydasheff then asked if there was anyone who wanted to be heard on

this matter. There was no one who indicated that they wanted to be heard.



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THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND INTRODUCED ON FIRST

READING:________________________________________________________



An Ordinance ? Granting a franchise to Georgia Power Company for a term of

35 years and for other purposes.



City Manager Hugley said he and the City staff have been working with

Georgia Power for about four months now trying to make sure they cover all the

basis in the proposed franchise agreement. He said we currently have a

franchise agreement with Georgia Power Company that was signed back in March of

1976, which is a 35-year agreement that is scheduled to expire in 2011.



He said they have been working through the Georgia Municipal Association

and said they convened a committee that was composed of some mayors, city

managers, and persons in other professions across the State to come up with a

franchise agreement for Georgia Power that would serve as an agreement for

municipalities with Georgia Power servicing their areas across the State of

Georgia.



City Manager Hugley said they are recommending that the Council approve

this franchise agreement. He said there are a number of benefits in this

agreement. He said this agreement would go for 35 years through the year 2040

and would provide certain benefits that we don?t currently have in the existing

agreement. He said one thing that is included in this proposed agreement is

the Fort Benning area; which is not in the original agreement that we have with

Georgia Power. He said by including Fort Benning we anticipate an additional

$120,000 or more as the new construction comes on line at Fort Benning. He said

we know that over the next six to eight years, they are going to spend over $3

billion on construction. He said it is our assumption that those things are

going to be powered through Georgia Power through one of our other franchisee

and we will reap the benefits of that.



He said the other thing that is included in this agreement, that?s not

included in the current agreement is that when Georgia Power had prior rights

as they do in the current agreement and we are going to make road improvements,

the City would be required to pay for moving distribution facilities. However,

in the proposed agreement even with prior rights, we would require that Georgia

Power pay for moving those distribution facilities. He said that is a huge

benefit to the City as we have a number of road projects coming on line.



City Manager Hugley said we get a check from Georgia Power Company for

franchise fees and said the amount that we received in FY-05 was $6.6 million.

He said on an annual basis we have been getting about $6.6 million, but under

the new agreement we anticipate that the annual fees would be much more than

that.



He said he asked the City Attorney to research and let him know if a

35-year term was required under the Georgia Power agreement and said Assistant

City Attorney Jamie Deloach did some research and said he would like to read

for the public, the response that he received. He said if we didn?t do a

35-year agreement, what would happen is that there would be a 4% tax added to

the Georgia Power bill as a result of not having a 35-year franchise agreement.



City Manager Hugley said the answer that was provided by Assistant City

Attorney Deloach is that the Georgia Public Service Commission has set forth a

35-year term as part of the rate schedule. He said the rate schedule provides

that a City franchise tax of 4% shall be billed to the individual customers

unless Georgia Power is obligated to pay the 4% pursuant to a franchise having

a definite term of at least 35-years. He said this 35-year term was challenged

in a lawsuit brought by the Cities of Lithonia, Doraville, Pelham and

Covington.



He said in the City of Lithonia lawsuit versus the Georgia Public Service

Commission, the Georgia Supreme Court held that the 35-year term was

reasonable; therefore, although the 35-year term is not mandatory, the

Assistant City Attorney said she would advise that the City agree to the term

in order to save our citizens from paying an additional 4% tax.



City Manager Hugley said also in our negotiations with Georgia Power we

wanted to make sure that we had covered the issue of how trees are pruned and

preserved and how we replace trees along our rights-of-ways here in the City.

He said along with this franchise is a Memorandum of Understanding that governs

how Georgia Power will deal with the trees here in our City. He said we have

had the City Arborist and others at Public Services, as well as Trees Columbus

involved in this aspect, because we wanted them to review what was being

proposed in terms of how they would deal with trees.



He said in this Memorandum of Understanding he would like to note that

Georgia Power must submit an annual Plan of Work as it relates to how they deal

with the trees. He said they would have to submit to us how they would remove

and replant trees at no cost to the City or the property owners. He said they

will go in when trees have been pruned beyond points that we feel will be

reasonable to let it stay on the right-of-way, we would require that Georgia

Power go in and remove that tree and replant it.



City Manager Hugley then called forward Assistant Director of Public

Services, Ms. Rachel Buice to come and talk about the process of how we will

deal with trees here in the City and how it relates to this Memorandum of

Understanding.

Mayor Poydasheff said years ago before Councilor Davis was elected to

serve on the City Council; he was talking to him about that and Trees Columbus

and working on that issue. He said he would like to compliment Georgia Power

for working with the Council and the staff to come up with an agreement that is

acceptable to everyone.



Ms. Rachel Buice then came forward and said what is being put into the

Memorandum of Understanding is putting in writing a process that they have been

doing for the last several years with Georgia Power. She said the process is as

they are pruning on a circuit down a street and they come upon a tree that has

been damaged severely from prior pruning that can?t be corrected, or has some

defect that deems it hazardous or if its going to be pruned in such a way that

it will be unsightly that they will contact the adjacent property owner to get

consent from them to remove the tree. She said they will remove the tree,

brush and limbs and we will come and help them remove large logs to get them

off the right-of-way. She said they would also contract out the tree stump

removal, and Georgia Power would then work with them, on supplying the funds to

replant those trees that they have agreed upon to be replanted.



City Manager Hugley said we do have the representatives present this

morning from Georgia Power if any member of the Council or the Mayor has any

questions. He said all has reviewed the agreement and we do believe that it is

a good agreement and it will be a great benefit to the City and the citizens of

our community.



Mr. Milton Jones said he would like to commend those individuals who have

worked on this process. He then made several comments saying, trimming street

trees is a tough problem and a long-standing one, but it is not unique to

Columbus. He said in the past they planted the wrong kind of trees on the

street right-of-way, which was a large maturing tree that was going to grow up

into the power lines. He said whenever you have a conflict between the trees

and power lines, you have a problem. He said the individuals who lives in these

neighborhoods with the trees in their yards, they grow to love and appreciate

the trees and don?t want them cut up, but said we got to have reliable utility

service in this community.



He spoke for several minutes expressing his support of the Memorandum of

Understanding and thanked Georgia Power and the City for what they have done in

coming to this agreement, and said we have something that is a win, win for the

City of Columbus as well as Georgia Power.



Councilor Anthony said he would like to add his applause to Georgia Power

for their work on this project as well as the way they are helping Columbus

address some of those problems with replanting the trees. He said he would like

to also express appreciation to Georgia Power and their staff for the way they

responded to the disasters that have occurred here in the southeast.

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CONTINENTAL CARBON LAWSUIT:



Councilor Woodson said she would like to thank Ms. Deloach and our staff

as they met with Ms. Kathy Duncan and the other individuals who had came before

this Council several weeks ago as it relates to the lawsuit of Continental

Carbon.



Assistant City Attorney Deloach said they met with those residents who had

a concern as it relates to the lawsuit of Continental Carbon. She said it was a

very positive meeting and they had some basic questions, which she shared with

them some basic tips on how to select a lawyer. She said Continental Carbon has

a high power law firm in Atlanta and said she wanted them to be careful in how

they selected a lawyer. She said they also needed to know what the boundaries

were for where the harm was provable in Oakland Park. She said she contacted

our lawyer and wrote letters to everyone that attended that meeting and

attached a colored map that outlines the footprints of injury from the nuisance

in Oakland Park and supplied them with several names of lawyers. She said she

also included the City?s lawyer, David Burns? name and telephone number. She

said they also received additional telephone calls asking for additional

colored maps and other information and has continued to supply information to

any of the citizens that are interested in pursuing additional litigation

against Continental Carbon.



Councilor Woodson said she thought it was important to note that the staff

did take immediate action and followed up on the matter.

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PUBLIC AGENDA



NO ONE REQUESTED TO BE LISTED ON TODAY?S AGENDA.



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CITY MANAGER?S AGENDA:



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY MANAGER

HUGLEY AND AFTER MUCH DISCUSSION WAS THEN DELAYED BY THE COUNCIL AT HIS

REQUEST:___________________________



A Resolution ? Authorizing the approval of a concealed support structure

located at 1720 Warm Springs Road.



City Manager Hugley said back in 2002 we brought before the Council a

request to place a cell tower in this location and said there were seven

members present at the Council meeting that day and said it was an inconclusive

vote of 4 to 3. He said the request was not approved and withdrawn at that time

and now with the new UDO (Unified Development Ordinance) in place, it gives the

authority administratively to approve cell towers of this sort.



He said this request is from Powertel Atlanta, who has requested to

install a concealed support structure, which is a 130? flagpole with a cellular

antenna hidden inside. He said they have submitted that to the Planning

Division staff and they have forwarded it to him due to the inconclusive vote.



City Manager Hugley said he anticipates bringing an amendment to the

Unified Development Ordinance back to the Council that would remove that

administrative authority for cellular towers and place that authority in the

hands of the Council. He said because he is going to be bringing back that

amendment, he has opted to place this request on his Agenda and asks for your

direction. He said an approval or denial today would tell him how we need to

respond administratively to this request and then in future weeks, he will

bring back an amendment that would bring all future matters as it relates to

cellular towers to this Council.



He said it is on the Agenda today to get some directions from the Council

and the direction that you provide to him, he will consider that administrative

direction that he will give to the Planning Division and they will either

approve or deny based on your directions today.



City Manager Hugley then responded to questions of members of the Council

as to who would be responsible for the maintenance of this tower.



Councilor Allen said when this matter came before the Council a year ago,

we talked to the Attorney representing this company about them discussing the

location of this tower, possibly on Jordan High School property with the idea

that the monthly rental fee, whatever is paid by the company, would then be

payable to the School District; or divide it up with the PTA or Booster Club

with Jordan High School. He said these monthly rentals are very nice incomes

and he would think that this flagpole would be more attractive to the school

and may be more receptive to the School system in this appearance especially if

they are going to maintain the flag and it will be no cost of out-of-pockets to

the school.



He then asked if it would be appropriate to delay this matter for one week

to determine if there is any interest with the School system. He said it seems

to him that this would be a good agreement with the School system. He said we

are all familiar with this type of tower where other cellular companies are

allowed to co-locate on the tower; which would provide additional monthly

rentals.



City Manager Hugley said he doesn?t have a problem with delaying this

matter for one week and allowing the staff to talk with the School system.



After City Manager Hugley conferred with one of his staff members, he said

they are telling him that they have already talked to the School District and

they are not interested in this partnership.



Mayor Pro Tem Rodgers said he thinks it?s important to remember the

context in which this was presented a few years ago. He said he believes it

came before them as a Special Exception Use and said there was much debate

among the Council and that is why it ended up in a non-action. He said he

thinks it would be good for us to go back and check the records, because he is

remembering that this violated the distance prohibition from single-family

dwellings. He said the Council was very adamant that we were not going to allow

anything within a specified district. He said he is prepared to vote against

this because the distance hasn?t changed. He said this is still a special

exception within what we have agreed upon, which is an insufficient district

from a single-family dwelling. He said he would like for the City Manager to

go back and confirm what he is saying in the record.

He said he just would like to have the history of this matter to be on the

table so that we will understand it.



He said there is a reason why there was so much debate on this matter

before, because we had gone from 200 feet from a single-family dwelling to a

proposed 500 feet and ended up compromising to 300 or 350 feet. He said then we

had a request to come back within that prohibited distance for this one and

that is where the debate arose.



City Manager Hugley said he would delay this matter until a later date and

then bring it back.



Councilor Turner Pugh said when the City Manager brings this matter back

she would also like to have the staff to provide some pictures for the Council

to see where this tower would be located, as well as what?s near the area. She

said she doesn?t even know if it?s a business or a home.



*** *** ***



THE FOLLOWING FIVE PURCHASING RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY

CITY MANAGER HUGLEY AND ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A

SINGLE MOTION MADE BY COUNCILOR MCDANIEL AND SECONDED BY COUNCILOR TURNER PUGH,

WHICH CARRIED UNANIMOUSLY BY THOSE EIGHT MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:_________________________



A Resolution (524-05) ? Authorizing purchase of stoneware clay from

Kickwheel Pottery Supply for the estimated annual contract value of $8,160.00.

Parks & Recreation?s Britt David Cultural Arts Studio will utilize the

stoneware clay and purchase on an ?as needed basis?. The term of contract shall

be for one year, with the option to renew for two (2) additional twelve-month

periods. Contract renewal will be contingent upon the mutual agreement of the

City and the Contractor.



A Resolution (525-05) ? Authorizing the purchase of three (3) special

enforcement truck bodies in the amount of $50,685.00 from Deerskin

Manufacturing, Inc., (Springtown, TX). The special enforcement bodies will be

placed on ? ton cab and chassis that will be bid at a later date. The trucks

will be used by the Special Enforcement Division of the Public Services

Department to pick up and transport dogs, cats and other animals.



The Fleet Manager and Special Enforcement Manager confirms this truck body

meets the compartmental requirements for the Animal Control functions, but

Deerskin Manufacturing, Inc., is the only vendor that manufactures a truck body

with the following; Stainless steel chassis mount, Side hydraulic slide out and

lift system, Separate dead animal hydraulic lift and storage unit, Roof mounted

blowers with compressors ducted into each animal compartment to exhaust animal

heat, Double-walled, insulated, 20 gauge stainless steel walls, Seamless floors

for easy cleaning and sanitizing. Therefore, the vendor is considered an only

known source per Section 3-114 of the Procurement Ordinance.



A Resolution (526-05) ? Authorizing payments to Mercer Human Resource

Consulting, Inc., in an amount not to exceed $105,000.00, to provide for

actuarial consulting services during the plan year, beginning July 1, 2005

through June 30, 2006, for the General Government, Public Safety, Death Benefit

and Major Disability Income Plans. Payments will be made to Mercer as services

are rendered throughout FY06.



A Resolution (527-05) ? Approving the contract for rental copier services from IKON Office Solutions,

Inc. Contractor will provide, repair, maintain copiers and also provide all

expendable supplies, including copier paper. The Contractor will charge a per

copy rental fee. The minimum contract term shall be for sixty (60) months.

The contract will be automatically renewed (without the need for any further

action) every 12 months until the end of such 60-month term. Columbus

Consolidated Government may cancel this contract due to the Non-appropriation

of funds for a given fiscal year or Non-performance by Contractor. If

Non-performance is not cured within 30 days, the City can cancel the contract

by providing the vendor written notice of intent to cancel.

--------------------------------------*** ***

***---------------------------------------

CLERK OF COUNCIL'S AGENDA:



THE FOLLOWING ITEM WAS SUBMITTED BY CLERK OF

COUNCIL WASHINGTON AS INFORMATION FOR THE MAYOR AND COUNCIL:

____________________________________________



(1) Notice of ACCG?s 2006 Legislative Conference to be held on February 6th

and 7th in Atlanta/Fulton County, Georgia at the Atlanta Marriott Marquis.



*** *** ***



REQUEST FOR REFUND:



Clerk of Council Washington submitted a request from Mr. Ali W. Palmer,

requesting a refund of penalty and interest charged for late payment on

property taxes.



Mayor Poydasheff asked if there was any action on this request. Mayor Pro

Tem Rodgers said in the absence of any information, he would move the request

be denied. Seconded by Councilor Allen and carried unanimously by those eight

members of Council present for this meeting.





*** *** ***



THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CLERK OF

COUNCIL WASHINGTON AND ADOPTED BY THE

COUNCIL:________________________________________________



A Resolution (528-05) ? Excusing Councilor Nathan Suber from the November

8, 2005 Council Meeting.



A Resolution (529-05) ? Excusing Councilor Berry H. Henderson from the

November 8, 2005 Council Meeting.



Councilor McDaniel moved the adoption of these resolutions. Seconded by

Councilor Allen and carried unanimously by those eight members of Council

present for this meeting.



*** *** ***



THE FOLLOWING TWO TEMPORARY STREET CLOSING APPLICATIONS WERE SUBMITTED AND

EXPLAINED BY CLERK OF COUNCIL WASHINGTON AND APPROVED BY THE

COUNCIL:__ _____



Application of Mr. Bernie Quick to temporarily close the 1000 block of

Broadway on Thursday, November 17, 2005 with all parking spaces being

blocked off at 2:00 p.m. and the street will be closed from 5:30-9:30 p.m. in

connection with the ?Uptown Concert Series?.





Application of Mr. Craig Strain to temporarily close the Dillingham

Street

Bridge on Thursday, December 1, 2005 between the hours of 4:00 p.m.- 9:00p.m.

in connection with the ?Night of Lights? Celebration.



Councilor Allen made a motion these applications be approved. Seconded by

Mayor Pro Tem Rodgers and carried unanimously by those eight members of Council

present for this meeting.



*** *** ***



MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED

BY CLERK OF COUNCIL WASHINGTON AND OFFICIALLY

RECEIVED BY THE

COUNCIL:__



Board of Elections & Registration, September 1, 2005

Department of Family & Children Services Board, Oct. 26, 2005.

Public Safety Advisory Commission, October 6, 2005

Tax Assessors, Number 43-05.



Councilor Allen made a motion that these minutes be received. Seconded by

Councilor McDaniel and carried unanimously by those eight members of Council

present for this meeting.



*** *** ***



THE FOLLOWING FOUR NEW ZONING PETITIONS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND AN ORDINANCE AND PUBLIC HEARING WERE CALLED FOR BY COUNCILOR

MCDANIEL: __



Petition submitted by Charles Ford, Jr. to rezone 32.035 acres located

at 10305 & 10309 Fortson Road from RE1 (Residential Estate 1) to HMI (Heavy

Manufacturing/Industrial). (Recommended for approval by the Planning Advisory

Commission and conditional approval by the Planning Division.) (57-CA-05-Ford)



Petition submitted by Charles Ford, Jr. to rezone 22.3165 acres located at

2780 Smith Road from RE1 (Residential Estate 1) to HMI (Heavy Manufacturing

/Industrial). (Recommended for approval by both the Planning Advisory

Commission and the Planning Division.) (58-A-05-Ford)



Petition submitted by Charles Ford, Jr. to rezone 38.334 acres located at

2723 Smith Road from RE1 (Residential Estate 1) to HMI (Heavy Manufacturing/

Industrial). (Recommended for approval by the Planning Advisory Commission and

conditional approval by the Planning Division.)

(59-CA-05-Ford)



Petition submitted by Concordia Properties, LLC to rezone 8.24 acres

located at 7041 Whittelsey Boulevard from SFR1 (Single Family Residential 1)

to GC (General Commercial). (Recommended for approval by the Planning Advisory

Commission and conditional approval by the Planning Division.)

(60-CA-05-Concordia Properties, LLC)



BOARD APPOINTMENTS:



ANIMAL CONTROL ADVISORY BOARD:



Clerk of Council Washington pointed out that the terms of office of Mr.

Charles Clark and Dr. John Bloszies on the Animal Control Advisory Board

expired on October 15, 2005 and that they are not eligible to succeed

themselves.



She said Mr. Charles Clark serves in an at-large seat, and Dr. John

Bloszies serves in a position that must be filled by a licensed veterinarian

practicing in Columbus and in the one-stop pet registration rabies vaccination

program and selected by the local Veterinary Association.



Clerk of Council Washington said she has contacted the Veterinary

Association and they are working on getting a successor for Dr. Bloszies?

position.



*** *** ***



COMMUNITY DEVELOPMENT ADVISORY COUNCIL:



Clerk of Council Washington pointed out that this Council has declared the

seat of Ms. Marian Slapikas and Mr. Gary Allen Jones vacant and that we need a

nomination from each of the district councilors who must nominate someone for

these positions. She said we need a recommendation for Council District Eight

and Council District Ten At-Large.



She also pointed out that Mr. James S. Wilson; Council District 5

representative has resigned to serve on another board.



*** *** ***



PUBLIC SAFETY ADVISORY COUNCIL:



Clerk of Council Washington pointed out that the terms of office of Mr.

Charles Kurtz, Mr. C.A. Hardmon, Mr. James Allen McMullen and Mr. Harold Bryant

on the Public Safety Advisory Council expired on December 31, 2005 and that

they are all eligible to succeed themselves.



Councilor Turner Pugh nominated Mr. Hardmon to succeed himself for another

term of office and Councilor McDaniel nominated Mr. Bryant to succeed himself

for another term of office.



Councilor Allen also nominated Mr. James Allen McMullen to succeed himself

for another term of office.



Mayor Pro Tem Rodgers then moved confirmation of these three incumbents.

Seconded by Councilor McDaniel and carried unanimously by those eight members

of Council present for this meeting.



*** *** ***



EXECUTIVE SESSION:



Regarding an earlier request of City Manager Hugley to go into an

executive session to discuss a real estate acquisition matter, Councilor Turner

Pugh so moved. Seconded by Councilor Woodson.



*** *** ***



Mayor Poydasheff then asked if there was anyone who had an issue that they

wanted to discuss before the Council this morning, they could be heard at this

time.



Mr. Asa Hubbard then came forward and said he is here on behalf of his

brother, Mr. Oscar Hubbard who owns property at 2704 King Street. He said on

October 18, 2005 this matter was voted on by the Council to be demolished and

said they were unaware of the notices. He said the concerned family members who

are involved in this particular project are now trying to remodel and

completely rehab the property up to Code. He said they have cleaned out the

property and have started to rehab it, and they have the materials in storage

to begin the total reconstruction of this property.



Mayor Poydasheff asked Mr. Hubbard to get together with the City Manager

after this Council meeting adjourns to discuss this matter with him to see if

there is anything that can be worked out.



*** *** ***



REFUND REQUEST:



Mayor Pro Tem Rodgers said for the record, the tax refund request that we

just denied, he has just been handed a memorandum that this request is being

made by Captain Ali Palmer who he says is currently stationed in Iraq, but said

that?s all the information we have. He said we have no other information

regarding the circumstances surrounding the payments of these taxes and said if

there is other information to be provided, it can certainly be resubmitted.



*** *** ***



EXECUTIVE SESSION:



The question was then called on the motion to allow the Council to go into

an executive session to discuss a real estate acquisition, which carried

unanimously by those eight members of Council present for this meeting.



*** *** ***



At 10:35 a.m. the Council adjourned its regular session to allow the

Council to go into an executive session.



At 10:58 a.m., the meeting was called back to order at which time Mayor

Poydasheff pointed out that the Council met in an executive session and

discussed a land acquisition matter, but there were no votes taken.



*** *** ***

At 10:58 a.m., the meeting was called back to order at which time Mayor

Poydasheff pointed out that the Council met in an executive session and

discussed a litigation matter, as well as a land acquisition matter, but there

were no votes taken.



*** *** ***



With there being no other business to come before this Council, Councilor

McDaniel then made a motion for adjournment. Seconded by Councilor Turner Pugh

and carried unanimously by those eight members of Council present for this

meeting, with the time being 10:59 a.m.







Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia